MANOJ KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Whether, delay in selection for appointment, ipso facto, can be a ground to apply pension scheme applicable on the date of issuance of advertisement, for such selection, notwithstanding specific stipulation in the pension rules specifying date of entry in the service to be determinative of its applicability is the question that arises for consideration in this case.

(2.) Admitted facts in the context of which the above question arises for consideration are that an advertisement came to be issued by the U.P. Public Service Commission on 28th October, 2002 inviting applications for appointment against Combined Subordinate Services (Preliminary) Exam, 2002. Last date for making application as per the advertisement was 28th October, 2002. The recruitment was to be held in three stages i.e. Preliminary test; Main written test and lastly the Interview. All the petitioners applied against the advertisement and cleared the preliminary examination conducted on 30th March, 2003. Main Written Examination followed between 17.8.2004 to 27.8.2004, wherein also the petitioners qualified. Interview was conducted by the Commission between 9.5.2005 to 28.5.2005. The final select list was published on 13.6.2005. After the verification process was completed the petitioners were issued appointment letters on 7.3.2006 and 19.4.2006, pursuant to which they have joined and are working in different districts as Audit Officers. Some of the petitioners are also working as Assistant Accounts and Finance Officer. New Pension Scheme enforced w.e.f. 1.4.2005 has been made applicable upon all the petitioners and contribution from their salary is also being deducted since their initial appointment without any protest.

(3.) The process of recruitment had commenced in October, 2002 and petitioners contend that if it was concluded within a reasonable period, they could have been appointed before 31st of March, 2005 by when the erstwhile pension scheme was applicable. Submission is that for any delay occasioned in finalizing the recruitment they ought not be put to an disadvantageous position, as the terms of new pension scheme are less favourable in comparison to the terms contained in the old pension scheme.